Upload
paul-b-kennedy
View
217
Download
0
Embed Size (px)
Citation preview
7/29/2019 TCDLA Resolution opposing reciprocal discovery
http://slidepdf.com/reader/full/tcdla-resolution-opposing-reciprocal-discovery 1/2
a R E S O L U T I O N o f
THE BOARD OF DIRECTORS OF THE
T E X A S C R I M I N A L DEFENSE L A W Y E R S A S S O C I A T I O N
BE IT REMEMBERED thaton the 9!h day ofMarch 2013, the elected Board ofDirectors
ofTheTexasCriminalDefenseLawyersAssociation (TCDLA)assembled inDallas,Dallas
County, Texas, at its regularly scheduled quarterly meeting; the meeting was called to order by the
President-elect, in absence ofthe President; after a roll call was taken and the members present were
counted it was determined by the Secretary that a quorum was present and the meeting of the
TCDLA Board o f Directors was ca ll ed to order.
WHEREAS, it was called to the Board ofDirector's attention for discussion that legislation
had been proposed to the Texas Legislature that would, if enacted, require criminal defense
attorneys, and members of the association, to make confidential client information and disclosures
to prosecutors for the government. It was further called to the attention of the Board ofDirectors
this legislation was being promoted by the Texas Defender Service ("TDS"). TDS has taken a
positionthat is adverse to the interestsof themembersof the TCDLAon this legislation. The TDS
has represented to the public and to legislators that this legislation is supported by the criminal
defense bar. The members of the board expressed concern that legislators maybelieve that TDS
represents or speaks for the TDCLA. The members of the board of directors ofTCDLA voted to
resolve as follows:
BE IT RESOLVED that the TCDLA opposes any legislation that would allow the
government to deny thecitizen a defenseor invadethe sanctityof the defense counsel's files. The
TCDLA opposes anygovernmental intrusion into thepapers, effects or files of the lawyers for the
citizen accused ofcrime. Forthesereasons theTCDLA opposestheso-called"reciprocaldiscovery"
legislation thathasbeen proposed andotherwise known asSenate Bill 1611. And noperson other
than the individualsdelegated by the Board is authorized to speak for TCDLA on this issue to law
7/29/2019 TCDLA Resolution opposing reciprocal discovery
http://slidepdf.com/reader/full/tcdla-resolution-opposing-reciprocal-discovery 2/2
makers.
BE IT FURTHER RESOLVED that the TCDLA, in its representative capacity, on behalf
of 3200 members located in all counties in Texas, states that its legislative spokespersons are the
only individuals who are authorized to speak for the TCDLA and further that the Board has
designatedAttorneyAllen Place and his aides as the sole authority to represent TCDLA before the
Legislatureof the State ofTexas.
NOW THEREFORE, be itknownand published that the Board ofDirectorsoftheTCDLA
has RESOLVED to oppose any bill or law containing any reciprocal discovery element; that the
representatives ofTCDLA are available at all times to discuss any criminal justice legislation; that
the TCDLA urges legislation that truly deals with violations byprosecutors and/or police ofthe rule
in Brady v. Maryland; that the expertise and resourcesof theTCDLA are available to legislators;
that no third party is authorized to represent the TCDLA before the Texas Legislature other than its
duly authorized representatives Attorney Allen Place and his aides.
BE IT SO RESOLVED inDallas, Texason this 9th dayofMarch2013.
T e x a s C r i m i n a l D e f e n s e L a w y e r s A s s o c i a t i o n